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Weekly Update Volume 37, Issue 15

05/21/2007

LITIGATIONNEPA, FINAL ORDER:

The D.C. Circuit set aside an FAA letter that changed the runway use procedures at Fort Lauderdale-Hollywood International Airport. Petitioners argued that the new procedures will route more jet aircraft onto two previously restricted runways, thereby increasing noise, soot, and exhaust fumes over residential areas. The FAA made this change without engaging in NEPA's environmental review process or its own environmental policies, and so the petitioners filed the instant action. The FAA argued that the letter is not reviewable because it merely explains the existing procedures and does not actually change the manner in which the runways will be used. The letter, however, is a reviewable final order. It provides "new marching orders" about how air traffic will be managed at the airport. Because the agency issued the letter without following the environmental review procedures required by NEPA and its own environmental review policies, the letter must be set aside. City of Dania Beach, Florida v. Federal Aviation Administration, No. 05-1328, 37 ELR 20108 (D.C. Cir. May 11, 2007) (16 pp.).

OSHA, HAZARD COMMUNICATIONS STANDARD:

The D.C. Circuit dismissed a petition for review of the addition of several chemicals to a list of dangerous chemicals published by a private group of industrial hygienists. Industry groups argued that publication of the privately created list effectively amended OSHA's Hazard Communication Standard without notice and comment. But references to the "latest edition" of the hygienists' list have been part of the standard for some 20 years. The amendments, therefore, did not modify the standard, and the petition is untimely. National Ass'n of Manufacturers v. Occupational Safety & Health Administration, No. 06-1122, 37 ELR 20109 (D.C. Cir. May 11, 2007) (8 pp.).

NEPA, REMEDIATION:

A district court held that DOE's March 2003 decision regarding the remediation of Area IV of the Santa Susana Field Laboratory in Simi Valley, California, violated NEPA. DOE's decision to issue a FONSI rather than prepare an EIS was a clear error of judgment. The remediation is not categorically exempt from the EIS requirement by virtue of DOE's characterization of it as a cleanup. Further, DOE's remediation decision is highly controversial, and DOE's remediation decision presents possible effects on the human environment that are highly uncertain or involve unique or unknown risks. Moreover, Area IV is known to be radiologically contaminated, was the location of at least one well-known nuclear meltdown, and is located only miles away from one of the largest population centers in the world and, in all probability, will become a part of that center. The court, however, reserved judgment on the environmental groups' CERCLA and ESA claims. Should the groups come to believe that future actions by the DOE give rise to claims based on the ESA, CERCLA, or both, they are free to bring such claims before the court at that time. Natural Resources Defense Council v. Department of Energy, 04-04448, 37 ELR 20103 (N.D. Cal. May 2, 2007) (Conti, J.) (17 pp.).

CERCLA, RCRA:

A district court granted in part a motion to reconsider its previous ruling dismissing an industrial park owner's CERCLA and RCRA claims against the prior owner. The current owner filed suit against the prior owner for violations stemming from the presence of asbestos on the property. In the previous ruling, the court assumed that the materials were built into the structures of the industrial park. The court went on to analyze the current owner's claims under the improper inference that the asbestos was indeed alleged to be a fixed part of the structures. That inference led the court to conclude that neither a disposal under CERCLA occurred, nor could the abandonment of the asbestos-in-question constitute solid waste under the RCRA. Thus, the court found that the claims failed as a matter of law. Yet to do so under the facts as they were alleged constituted manifest error. The current owner did not allege that the asbestos was a fixed part of the structures. Thus, the current owner sufficiently stated claims under CERCLA and RCRA as well as a claim for negligence under state law. The court, therefore, reinstated the case. Sycamore Industrial Park Assoc. v. Ericsson, Inc., No. 06 C 0768, 37 ELR 20104 (N.D. Ill. Apr. 26, 2007) (Coar, J.) (3 pp.).

CERCLA, OPERATOR LIABILITY:

A district court held that the former employee of an electroplating and metal finishing business was liable as an operator under CERCLA §107(a)(2) for the cost of removal of hazardous waste at the Meadowlands Plating and Finishing site in New Jersey. The United States and the employee stipulated that the site constituted a facility for purposes of CERCLA §107, that hazardous substances had been released at the facility, and that the United States had incurred damages in removing the hazardous waste from the site. The employee, however, claimed that she could not be held liable as an operator because she was merely a consultant and had very little executive authority over the facility's business. Yet credible testimony of other witnesses demonstrated that she was informed and kept abreast of the need to remove hazardous waste from the property. There was also substantial credible evidence that the employee described herself as the person in charge of running the site. The government also established by a preponderance of the credible evidence that the employee had the power to take charge of the hazardous waste removal process herself and to assign funds on behalf of her employer to pay for its removal. The court, therefore, found her liable as an operator. United States v. Tarrant, No. 03-3899, 37 ELR 20105 (D.N.J. Apr. 25, 2007) (Brown, J.) (6 pp.).

SURFACE WATERS, DEFINITIONS:

A New Mexico appellate court upheld the state's definition of "surface waters." In 2005, the New Mexico Water Quality Control Commission revised New Mexico's definition of surface water by eliminating language referring to interstate commerce to ensure that the state has plenary power within its borders and is not constrained by interstate commerce considerations. Several groups challenged the Commission's decision, but the court held that the amended definition of "surface waters of the state" was adopted consistent with the requirements of the state Water Quality Act and with due process. New Mexico Mining Ass'n v. Water Quality Control Commission, No. 25,814, 37 ELR 20110 (N.M. Ct. App. May 10, 2007) (19 pp.).

SECONDHAND SMOKE, PROPOSITION 65:

A California appellate court reversed in part a lower court decision dismissing a consumer group's complaints against various hotels and retail establishments for secondhand smoke and tobacco exposure. The group alleged that the defendants violated California Proposition 65 by exposing individuals to secondhand smoke without providing a reasonable warning. The lower court dismissed the complaints as overbroad. But the mere claim that the notices are overbroad is insufficient to demonstrate their invalidity. The court, therefore, reversed the dismissal of complaints as to those defendants upon whom the group served valid notice. Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America, No. B158840, 37 ELR 20111 (Cal. App. 2d Div. May 14, 2007) (40 pp.).

STORMWATER, SUBVENTION:

A California appellate court held that California Government Code §17516c is unconstitutional to the extent it exempts regional water board orders from California's subvention requirement. The case arose after the Regional Water Quality Control Board for Los Angeles issued an NPDES permit for municipal stormwater and urban runoff discharges that required the county and several cities to inspect industrial, commercial, and construction water treatment facilities and to install and maintain trash receptacles at transit stops. The county and cities sought reimbursement for carrying out these obligations pursuant to the state's constitutional requirement for subvention of funds arising from a state mandate. The California Commission on State Mandates rejected their claim, arguing that orders from regional water boards were exempt from the subvention requirement under California Government Code §17516c. The appellate court, however, reversed, holding that §17516c contravenes the plain, unequivocal, and all-inclusive reference to "any state agency" in article XIII B, section 6, of the California Constitution--the subvention requirement. County of Los Angeles v. Commission on State Mandates, No. B183981, 37 ELR 20107 (Cal. Ct. App. 2d Dist. May 10, 2007) (26 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT, VENUE:

A California appellate court held that a lower court erred in transferring environmental groups' California Environmental Quality Act claim to another venue. The groups filed suit challenging the certification of an environmental impact report for, and the decision approving the construction of, a toll road traversing portions of San Diego and Orange counties. The lower court held that California Code of Civil Procedure §393(b), which allows suits challenging actions taken by public officials to be filed in the county where some or all of the case of action arises, applies only to those involving personal rights or property. But the appellate court reversed, holding that the groups' action to vindicate public rights was properly filed in San Diego County. Based on the text of §393(b), case law interpreting that statute, and public policy considerations, §393(b) is not limited to actions involving personal rights or property. California State Parks Foundation v. Superior Court of San Diego County, No. D049205, 37 ELR 20106 (Cal. Ct. App. 4th Dist. May 10, 2007) (28 pp.).

USDA proposed to add 38 substances, along with any restrictive annotations, to the National List of Allowed and Prohibited Substances regulations under the National Organic Program. 72 FR 27252 (5/15/07).

AIR:

EPA revised the general provisions for standards of performance for new stationary sources, NESHAPs, and NESHAPs for source categories to allow for extensions to the deadline imposed for source owners and operators to conduct an initial or subsequent performance test required by applicable regulations. 72 FR 27437 (5/16/07).

EPA proposed emission standards beginning in 2009 for new nonroad spark-ignition engines that will substantially reduce emissions; in addition, the Agency proposed evaporative emission standards for vessels and equipment using any of these types of engines. 72 FR 28097 (5/18/07).

EPA proposed amendments to the current standards of performance for petroleum refineries. 72 FR 27177 (5/14/07).

EPA has tentatively scheduled a hearing and is accepting written comments on amendments to the California heavy-duty otto-cycle regulations for motor vehicles for the 2004, 2005, 2006, 2007, and 2008 and subsequent model years. 72 FR 27114 (5/14/07).

EPA entered into a settlement agreement in New Jersey Department of Environmental Protection v. Johnson, No. 07-0612 (D.N.J.), that requires the Agency to respond to a petition challenging a CAA Title V operating permit for a generating station in Pennsylvania. 72 FR 27557 (5/16/07).

EPA denied a petition to object to state operating permits issued by the Idaho Department of Environmental Quality for three wood products facilities in Lewiston, Idaho. 72 FR 27811 (5/17/07).

The President issued Executive Order 13423, Cooperating Among Agencies in Protecting the Environment with Respect to Greenhouse Gas Emissions from Motor Vehicles, Nonroad Vehicles, and Nonroad Engines. 72 FR 27715 (5/16/07).

The Department of State extended until June 1, 2007, the deadline for comments on the initial draft of the Fourth U.S. Climate Action Report. 72 FR 27349 (5/15/07).

HAZARDOUS & SOLID WASTE:

EPA extended the dates by which facilities must prepare or amend Spill Prevention, Control, and Countermeasure Plans, and implement those plans; this extension gives the Agency more time to promulgate further revisions to the rule, which are expected later this year. 72 FR 27443 (5/16/07).

MINING:

OSM proposed to approve an amendment to West Virginia's regulatory program under SMCRA concerning the hydrologic impacts of surface mining operations. 72 FR 27782 (5/17/07).

PUBLIC LAND:

FWS announced the availability of a final comprehensive conservation plan for the Long Lake National Wildlife Refuge Complex in North Dakota. 72 FR 27838 (5/17/07).

FWS announced that the draft revised comprehensive conservation plan and EA for the Kanuti National Wildlife Refuge in Alaska is available for public comment. 72 FR 27327 (5/15/07).

FWS announced its intent to prepare a comprehensive conservation plan and associated environmental documents for the Holla Bend National Wildlife Refuge in Arkansas. 72 FR 27837 (5/17/07).

FWS announced its intent to prepare a comprehensive conservation plan and EA for the Elizabeth Hartwell Mason Neck and Featherstone National Wildlife Refuges in Virginia. 72 FR 28066 (5/18/07).

FWS announced its intent to prepare a comprehensive conservation plan and EA for the Bond Swamp National Wildlife Refuge in Georgia. 72 FR 27586 (5/16/07).

FWS announced its intent to prepare a comprehensive conservation plan and associated environmental documents for the Laguna Cartagena National Wildlife Refuge in Puerto Rico. 72 FR 27588 (5/16/07).

FWS announced its intent to prepare a comprehensive conservation plan and associated environmental documents for the Muscatatuck, Tamarac, and Big Muddy National Wildlife Refuges, located in Indiana, Minnesota, and Missouri, respectively, and the Tamarac Wetland Management District in Minnesota. 72 FR 27587 (5/16/07).

FWS announced its intent to prepare a comprehensive conservation plan and associated environmental documents for the Bayou Sauvage National Wildlife Refuge in Louisiana. 72 FR 27585 (5/16/07).

FWS announced its intent to prepare a comprehensive conservation plan and associated environmental documents for the Bowdoin National Wildlife Refuge Complex in Malta, Montana. 72 FR 27325 (5/15/07).

FWS announced its intent to prepare a comprehensive conservation plan and associated environmental documents for the Lake Andes National Wildlife Refuge Complex in South Dakota. 72 FR 27328 (5/15/07).

FWS announced that it will develop a revised comprehensive conservation plan and EIS for the Yukon Delta National Wildlife Refuge in Alaska. 72 FR 27329 (5/15/07).

The National Park Service proposed to require that recreational snowmobiles and snowcoaches operating in the Yellowstone and Grand Teton National Parks and the John D. Rockefeller, Jr., Memorial Parkway meet certain air and sound restrictions and that snowmobilers in Yellowstone be accompanied by a commercial guide; the agency also proposed certain revisions to the daily entry limits on the numbers of snowmobiles and snowcoaches that may enter the parks. 72 FR 27499 (5/16/07).

NOAA-Fisheries issued a temporary rule to prohibit any vessel from participating in either the mothership, catcher-processor, or shoreside delivery sector of the directed Pacific whiting fishery off the West Coast in 2007 if it does not have a history of sector-specific participation in the whiting fishery between January 1, 1997, and January 1, 2007. 72 FR 27759 (5/17/07).

NOAA-Fisheries proposed to implement Amendment 15 to the Pacific Coast Salmon Fisheries Management Plan; this action is intended to provide management flexibility in times of low Klamath River fall-run Chinook abundance, while preserving the long-term productive capacity of the stock. 72 FR 27276 (5/15/07).

NOAA-Fisheries issued an interim rule closing federal waters in the main Hawaiian Islands to commercial and recreational fishing for seven deepwater bottomfish species during May 15 through September 30, 2007. 72 FR 27065 (5/14/07).

NOAA-Fisheries announced that it modified certain open dates and landing and possession limits for commercial fisheries in the area from Cape Falcon, Oregon, to the Oregon/California border and in the area from Horse Mountain to Point Arena, California. 72 FR 27064 (5/14/07).

DOJ NOTICES OF SETTLEMENT:

United States v. F.A.G. Bearings, LLC, No. 3:07-cv-5036 (W.D. Mo. May 2, 2007). A settling CERCLA defendant must make cash payments of $6,739 and $130,724 to the DOI Natural Resource Damage and Restoration Fund for natural resources damages and assessment costs incurred at the Newton County Wells Superfund site in Newton and Jasper counties, Missouri. 72 FR 27848 (5/17/07).

United States v. City & County of Honolulu, No. CV 07-00235 HG-KS (D. Haw. May 8, 2007). A settling CWA defendant whose sanitary sewage treatment collection system discharged pollutants into waters of the United States must construct replacement force mains, assess the condition of specific force mains and a pump station and implement necessary repairs, and submit site-specific spill contingency plans for designated force mains. 72 FR 27849 (5/17/07).

United States v. Hudson Sand & Gravel, Inc., No. 07-CV-00128-SM (D.N.H. Apr. 30, 2007). A settling CWA defendant that discharged stormwater from its sand and gravel mining operation in Londonderry, New Hampshire, must pay a $250,000 civil penalty and must implement injunctive relief, including obtaining a proper stormwater permit for the property and delineating all wetlands on the property and undertaking appropriate restoration, if necessary. 72 FR 27849 (5/17/07).

In re Keystone Environmental Services, Inc., No. 04-24279 (Bankr. Ct. E.D. Pa. Apr. 19, 2007). A settling RCRA defendant must make a payment of $440,000, of which the United States will receive $233,200, for environmental response costs incurred at the Malvern Superfund site in Chester County, Pennsylvania, and at the Spectron Superfund site in Cecil County, Maryland; the remainder will be paid to the private parties that are performing the remedial work at these sites. 72 FR 27849 (5/17/07).

United States v. Pursue Energy Corp., No. 3:03-CV-00325-HTW-JCS (S.D. Miss. May 3, 2007). A settling CERCLA defendant must pay $25,000 to the Hazardous Substances Superfund in reimbursement of costs incurred by the United States at the Industrial Pollution Control Site in Jackson, Mississippi. 72 FR 27850 (5/17/07).

EPA seeks comment on whether and to what extent it should consider offering tailored incentives to encourage new owners of regulated entities to discover, disclose, correct, and prevent the recurrence of environmental violations; any tailored incentives for new owners would be beyond those offered in EPA's Audit Policy. 72 FR 27116 (5/14/07).

EPA, DOE, and the Department of Defense announced the availability of a draft document, Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual. 72 FR 27093 (5/14/07).

THE CONGRESSNote: Citations below are to the Congressional Record (Cong. Rec.).

CHAMBER ACTION:

H.R. 2206 (U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act), which would make emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, was passed by the Senate. 153 Cong. Rec. S6215 (daily ed. May 17, 2007).

H.R. 1495 (Water Resources Development Act), which would provide for the conservation and development of water and related resources and authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, was passed by the Senate. 153 Cong. Rec. S6157 (daily ed. May 16, 2007).

H.R. 2207 (appropriations), which would make supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, was passed by the House. 153 Cong. Rec. H4868 (daily ed. May 10, 2007).

BILLS INTRODUCED:

S. 1370 (Cantwell, D-Wash.) (energy) would amend the Internal Revenue Code of 1986 to ensure more investment and innovation in clean energy technologies. The bill was referred to the Committee on Finance. 153 Cong. Rec. S6016 (daily ed. May 11, 2007).

S. 1377 (Reid, D-Nev.) (land conveyance) would direct the Secretary of the Interior to convey to the City of Henderson, Nevada, certain federal land located in the city. 153 Cong. Rec. S6054 (daily ed. May 14, 2007). The bill was referred to the Committee on Energy and Natural Resources.

S. 1380 (Salazar, D-Colo.) (wilderness) would designate as wilderness certain land within the Rocky Mountain National Park and adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area of the Arapaho National Forest in the state of Colorado. 153 Cong. Rec. S6054 (daily ed. May 14, 2007). The bill was referred to the Committee on Energy and Natural Resources.

S. 1387 (Klobuchar, D-Minn.) (EPCRA) would amend EPCRA to provide for greenhouse gases. 153 Cong. Rec. S6055 (daily ed. May 14, 2007). The bill was referred to the Committee on Environment and Public Works.

S. 1403 (Klobuchar, D-Minn.) (bioenergy) would amend the Farm Security and Rural Investment Act of 2002 to provide incentives for the production of bioenergy crops. 153 Cong. Rec. S6126 (daily ed. May 15, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

S. 1411 (Lautenberg, D-N.J.) (CAA) would amend the CAA to establish within EPA an office to measure and report on greenhouse gas emissions of federal agencies. 153 Cong. Rec. S6192 (daily ed. May 16, 2007). The bill was referred to the Committee on Environment and Public Works.

S. 1419 (Reid, D-Nev.) (energy) would move the United States toward greater energy independence and security, increase the production of clean renewable fuels, protect consumers from price gouging, increase the energy efficiency of products, buildings and vehicles, promote research on and deploy greenhouse gas capture and storage options, and improve the energy performance of the federal government. 153 Cong. Rec. S6266 (daily ed. May 17, 2007). The bill was placed on the calendar.

S. 1429 (Inhofe, R-Okla.) (SDWA) would amend the SDWA to reauthorize the provision of technical assistance to small public water systems. 153 Cong. Rec. S6266 (daily ed. May 17, 2007).The bill was referred to the Committee on Environment and Public Works.

H.R. 2261 (Lucas, R-Okla.) (energy) would provide encouragement of energy sources from rural America, including biofuels and wind energy. 153 Cong. Rec. H4912 (daily ed. May 10, 2007). The bill was referred to the Committee on Agriculture, and in addition to the Committees on Ways and Means, Financial Services, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R. 2262 (Rahall, D-W. Va.) (mining claims) would modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims. 153 Cong. Rec. H4912 (daily ed. May 10, 2007). The bill was referred to the Committee on Natural Resources.

H.R. 2277 (Lamborn, R-Colo.) (water) would authorize the Secretary of the Interior to conduct a feasibility study relating to long-term water needs for the area served by the Fryingpan-Arkansas Project, Colorado. 153 Cong. Rec. H4913 (daily ed. May 10, 2007). The bill was referred to the Committee on Natural Resources.

H.R. 2296 (Gerlach, R-Pa.) (alternative fuels) would enhance the Nation's ability to produce alternative fuels. 153 Cong. Rec. H4965 (daily ed. May 14, 2007). The bill was referred to the Committees on Energy and Commerce, Ways and Means, and Transportation and Infrastructure.

H.R. 2297 (Giffords, D-Ariz.) (National Trails System Act) would amend the National Trails System Act to designate the Arizona National Scenic Trail. 153 Cong. Rec. H4965 (daily ed. May 14, 2007). The bill was referred to the Committee on Natural Resources.

H.R. 2298 (Gordon, D-Tenn.) (geothermal energy) would amend the Internal Revenue Code of 1986 to make geothermal heat pump systems eligible for the energy credit. 153 Cong. Rec. H4966 (daily ed. May 14, 2007). The bill was referred to the Committee on Ways and Means.

H.R. 2299 (Heller, R-Nev.) (land conveyance) would direct the Secretary of the Interior to convey to the City of Henderson, Nevada, certain federal land located in the city. 153 Cong. Rec. H4966 (daily ed. May 14, 2007). The bill was referred to the Committee on Natural Resources.

H.R. 2304 (McNerney, D-Cal.) (geothermal energy) would direct the Secretary of Energy to conduct a program of research, development, demonstration, and commercial application for geothermal energy. 153 Cong. Rec. H4966 (daily ed. May 14, 2007). The bill was referred to the Committee on Science and Technology.

H.R. 2305 (Nunes, R-Cal.) (energy) would amend the Internal Revenue Code of 1986 to provide a five-year applicable recovery period for depreciation of qualified energy management devices. 153 Cong. Rec. H4966 (daily ed. May 14, 2007). The bill was referred to the Committee on Ways and Means.

H.R. 2326 (Heller, R-Nev.) (water rights) would approve the settlement of the water rights claims of the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation in Nevada and require the Secretary of the Interior to carry out the settlement. 153 Cong. Rec. H5053 (daily ed. May 15, 2007). The bill was referred to the Committee on Natural Resources.

H.R. 2334 (Udall, D-Colo.) (wilderness) would designate as wilderness certain land within the Rocky Mountain National Park and adjust the boundaries of the Indian Peaks Wilderness and the Arapaho National Recreation Area of the Arapaho National Forest in the state of Colorado. 153 Cong. Rec. H5053 (daily ed. May 15, 2007). The bill was referred to the Committee on Natural Resources.

H.R. 2338 (Dicks, D-Wash.) (wildlife) would establish the policy of the federal government to use all practicable means and measures to assist wildlife population in adapting to and surviving the effects of global warming. 153 Cong. Rec. H5470 (daily ed. May 17, 2007). The bill was referred to the Committee on Natural Resources and the Committee on Agriculture.

H.R. 2339 (Hall, R-Tex.) (energy) would encourage research, development, and demonstration of technologies to facilitate the utilization of water produced in connection with the development of domestic energy resources. 153 Cong. Rec. H5290 (daily ed. May 16, 2007). The bill was referred to the Committee on Science and Technology.

H.R. 2342 (Allen, D-Me.) (oceans) would direct the president to establish a National Integrated Coastal and Ocean Observation System. 153 Cong. Rec. H5290 (daily ed. May 16, 2007). The bill was referred to the Committee on Natural Resources and the Committee on Science and Technology.

H.R. 2354 (Visclosky, D-Ind.) (alternative fuels) would promote the national security and stability of the economy of the United States by reducing the dependence of the United States on oil through the use of alternative fuels and new technology. 153 Cong. Rec. H5291 (daily ed. May 16, 2007). The bill was referred to the Committees on Energy and Commerce, Ways and Means, Transportation and Infrastructure, Armed Services, Oversight and Government Reform, and the Judiciary.

H.R. 2361 (Doggett, D-Tex.) (fuel) would amend the Internal Revenue Code of 1986 to disallow the credit for renewable diesel in the case of fuel coproduced with petroleum, natural gas, or coal feedstocks. 153 Cong. Rec. H5470 (daily ed. May 17, 2007). The bill was referred to the Committee on Ways and Means.

H.R. 2372 (DeLauro, D-Conn.) (energy) would amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil and make the revenues from such tax available for investments in renewable energy and energy efficiency. 153 Cong. Rec. H5471 (daily ed. May 17, 2007). The bill was referred to the Committees on Ways and Means, Budget, and Rules.

H.R. 2381 (Kind, D-Wis.) (Mississippi River) would promote DOI efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin. 153 Cong. Rec. H5471 (daily ed. May 17, 2007). The bill was referred to the Committee on Natural Resources.

H.R. 2389 (Shuler, D-N.C.) (energy) would help small businesses to develop, invest in, and purchase energy efficient buildings, fixtures, equipment, and technology. 153 Cong. Rec. H5471 (daily ed. May 17, 2007). The bill was referred to the Committee on Small Business.

H. Res. 401 (Thompson, D-Cal.) (national trails) would support the goals and ideals of National Trails Day. 153 Cong. Rec. H4966 (daily ed. May 14, 2007). The resolution was referred to the Committee on Natural Resources.

H. Con. Res. 147 (Brown, R-S.C.) (marine environment) would recognize 200 years of research, service to the people of the United States, and stewardship of the marine environment by NOAA and its predecessor agencies. 153 Cong. Rec. H4913 (daily ed. May 10, 2007). The bill was referred to the Committee on Natural Resources and the Committee on Science and Technology.

The Department of Natural Resources adopted and amended regulations in Title 11 of the Alaska Administrative Code regarding forest practices in riparian areas in Region II (Southcentral Alaska). These amendments include regulations associated with a new stream classification system under the Alaska Forest Resources and Practices Act for Region II [AS 41.17.116, AS 41.17.118, and AS 41.17.119]. The changes are the culmination of a three-year process of the Region II Science and Technical Committee, Implementation Group, and Board of Forestry. Other changes to Title 11 created guidelines for winter roads and clarified the regulations. See http://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/91c2147913a4a796892572db00838693?OpenDocument

ARIZONA

Air:

The Department of Environmental Protection and Pollution Control will conduct a public hearing on proposed incorporations by reference of the following federal regulations in state rules: New Source Performance Standards, NESHAPS, Acid Rain, and other parts of Title 40 of the Code of Federal Regulations. The federal regulations would be incorporated as of July 1, 2006. In addition to the incorporations by reference listed above, the Department is making technical changes to rules in Articles 9, 11, and Appendix 2. These technical changes include updating the mailing address used in R18-2-902(B)(1) and R18-2-1102(B), adding the phrase “as applicable requirements” to the incorporations by reference at R18-2-210 and Appendix 2, and improving the clarity and consistency of language used in Appendix 2. The hearing will be held June 11, 2007. See http://www.azsos.gov/public_services/Register/2007/19/proposed.pdf (pp. 1617-1633)

ARKANSAS

Water:

The Arkansas Pollution Control and Ecology Commission adopted an emergency rulemaking action regarding a third-party proposal by the Bayou Meto Water Management District to change Commission Regulation No. 2, Arkansas Water Quality Standards. The Commission has adopted, for up to 180 days on an emergency basis, changes to the dissolved mineral standards for 43 streams in four Arkansas counties. A public hearing on the changes will be conducted June 27, 2007. Comments are due July 10, 2007. See http://www.adeq.state.ar.us/poa/pa/pn_reg_notice.asp

CALIFORNIA

Air:

The Air Resources Board has adopted two emergency rules in regard to portable diesel engines. The Board enacted an emergency readoption of regulatory action amending the regulations that the Board had adopted in February 2004 regarding the Airborne Toxic Control Measure for diesel engines--one set of regulations for portable diesel engines and one for stationary diesel engines in Title 17, California Code of Regulations. The Board has also adopted an emergency rule amending regulations regarding the Portable Equipment Registration Program (PERP) in Title 13. The regulations expand the definition of "resident engine," define Tier 1 and 2 engines, and establish the requirements and fee schedule for compliance flexibility in the revised PERP. These rules became effective April 26 and 27, 2007, respectively. See http://www.oal.ca.gov/pdfs/notice/19z-2007.pdf (p. 828)

The Air Resources Board has adopted amendments to the voluntary Portable Equipment Registration Program (PERP) in Title 13, California Code of Regulations. New regulations require owners of registered engines/equipment to: (1) designate a home district; (2) install hour meters on such engines/equipment; (3) install placards, supplied by the Board for a fee; (4) identify the engine/equipment as registered with PERP; (5) maintain records of hours of operation for a minimum of five years; and (6) notify respective air quality management districts when an equipment unit would be operated at a location for more than five days (registered engines are exempt). The amendments also increase the various inspection fees, require an arrangement of an inspection by the district within 45 days of initial registration or renewal, and make various non-substantive changes. This rule became effective April 27, 2007. See http://www.oal.ca.gov/pdfs/notice/19z-2007.pdf (pp. 828-829).

Fisheries:

The State Board of Forestry and Fire Protection will conduct public hearings on two proposed regulatory actions regarding the take of coho salmon. The first action would enable the California Department of Fish and Game (DFG) to establish certain incidental take permitting procedures authorizing the take of coho salmon under California Endangered Species Act. The second regulatory action would amend Division 1, Subdivision 3, Chapter 6, title 14, California Code of Regulations, by adding regulations implementing Fish and Game Commission policies to guide the DFG's issuance of incidental take permits for lawful timber operations and activities that may result in the take of coho salmon. The hearings will be conducted June 22 and July 12, 2007. Comments are due June 25, 2007. See http://www.oal.ca.gov/pdfs/notice/19z-2007.pdf (pp. 795-799 and 806-809)

Land Use:

The State Board of Forestry and Fire Protection (Board) is proposing changes to Title 14 of the California Code of Regulations, the Forest Practice Rules, for development of a Road Management Plan (RMP) as a supplement to the Timber Harvest Plan process. The RMP provides a means for addressing long-term issues of sustained timber production and cumulative watershed effects from the transportation system on fish, wildlife, the beneficial uses of water, and watersheds on a landscape basis. The hearing will be held July 12, 2007. Comments are due June 28, 2007. See http://www.oal.ca.gov/pdfs/notice/19z-2007.pdf (pp. 799-803)

Toxic Substances:

The Department of Toxic Substances Control will conduct a public hearing to consider the adoption of a proposed environmental fee regulation, California Code of Regulations, title 22, division 4.5, chapter 19, section 69269.1. The hearing will be held June 27, 2007. Comments are due June 27, 2007. See http://www.oal.ca.gov/pdfs/notice/19z-2007.pdf (pp. 809-813)

Water:

The State Board of Forestry and Fire Protection will conduct a hearing on proposed extension of sections of Title 14, California Code of Regulations, related to Protection and Restoration in Watersheds with Threatened or Impaired Values, generally termed the threatened or impaired rules. The rules currently expire December 31, 2007; proposed changes would extend the expiration to December 31, 2008. The hearing will be held July 12, 2007. See http://www.oal.ca.gov/pdfs/notice/19z-2007.pdf (pp. 803-806)

DELAWARE

Air:

The Department of Natural Resources and Environmental Control will conduct a public hearing on the proposed amendments to Subparts T and RRR of Regulation No. 38, Emission Standards for Hazardous Air Pollutants for Source Categories. The purpose of the amendments to Subparts T and RRR of Regulation No. 38 is, consistent with recent federal change, to permanently exempt the smaller area sources from Title V permitting requirements in Regulation No. 30. Though exempted from the Title V permits, all of these sources are still required to have a state air permit issued under Regulation No. 1102, Permits. The hearing will be held June 21, 2007. See http://www.dnrec.state.de.us/DNREC2000/Admin/Press/PublicNotices/PNDetail.asp?NOVID=2367

Fisheries:

The Department of Natural Resources and Environmental Control has adopted 7 DE Admin. Code 3581, Spiny Dogfish; Closure of Fishery (Formerly Tidal Finfish Reg. 27). The rule re-opens the commercial fishery in Delaware for the spiny dogfish (Squalus acanthias) in accordance with the latest revision of the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Spiny Dogfish, and in accordance with federal law, whichever is more restrictive. See http://regulations.delaware.gov/register/may2007/final/10%20DE%20Reg%201724%2005-01-07.htm#P33_5649

GEORGIA

Water:

The Georgia Department of Natural Resources is soliciting public comment on proposed amendments to Chapter 391-2-3, Coastal Marshlands Protection Rule. Amendments to Rule 391-2-3-.02, Regulation of Upland Component of a Project, would authorize the Coastal Marshlands Protection Committee to grant a permit containing an exception to the 50-foot marshlands buffer. Hearings were held May 9 and 10, 2007. Comments are due May 24, 2007. See http://crd.dnr.state.ga.us/content/displaycontent.asp?txtDocument=1136

IDAHO

Water:

The Department of Environmental Quality will conduct a public hearing on proposed revisions to IDAPA 58.01.04, Rules for Administration of Wastewater Treatment Facility Grants (Grant Rules), for consistency with the environmental review Section (042) of IDAPA 58.01.12, Rules for Administration of Water Pollution Control Loans (Loan Rules). The two sets of rules have different requirements for environmental information document preparation and there is no need for the difference. The hearing will be held May 17, 2007. Comments are due May 25, 2007. See http://adm.idaho.gov/adminrules/bulletin/bul/07may.pdf (p. 61)

The Department of Environmental Quality will conduct a public hearing on proposed revisions to IDAPA 58.01.22, Rules for Administration of Planning Grants for Public Drinking Water Facilities (Grant Rules), for consistency with the environmental review section (042) of IDAPA 58.01.20, Rules for Administration of Drinking Water Loan Program (Loan Rules). The two sets of rules have different requirements for environmental information document preparation and there is no need for the difference. See http://adm.idaho.gov/adminrules/bulletin/bul/07may.pdf (p. 66)

ILLINOIS

Air:

The Pollution Control Board seeks public comment on proposed amendments to Part 225 that are intended to reduce intrastate and interstate transport of sulfur dioxide and nitrogen oxides from fossil fuel-fired electric generating units through the adoption of the Clean Air Interstate Rule trading programs for sulfur dioxide and nitrogen oxides. Comments are due June 25, 3007. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue19.pdf (pp. 6769-6881)

The Department of Environmental Quality has adopted Abrasive Blasting Emissions (LAC 33:III.1323, 1325, 1327, 1329, 1331, and 1333)(AQ249). This rule is intended to reduce particulate matter emissions from any facility that engages in or contracts to provide abrasive blasting and that is classified under a Standard Industrial Classification Code beginning with 34, 35, or 37, or under SIC Code 1622 or 1721. See http://www.doa.louisiana.gov/osr/reg/0705/0705rul.pdf (pp. 821-824)

Hazardous and Solid Waste:

The Department of Environmental Quality has adopted amendments to the hazardous waste regulations, LAC 33:V.4999.Appendix E, in accordance with the petition by Syngenta Crop Protection, Inc., to exclude from hazardous waste regulation ash and scrubber water derived from on-site incineration of listed hazardous wastes from crop protection product production and product distribution. See http://www.doa.louisiana.gov/osr/reg/0705/0705emr.pdf (pp. 824-826)

Water:

The Department of Environmental Quality has adopted an emergency rule, Sewage Sludge Regulatory Management (LAC 33:VII.301 and IX.107, 6901-6913, and 7135)(OS066E6). The rule intends to prevent the unauthorized disposal of sewage sludge in treatment works treating domestic sewage and other areas unprepared to receive the waste stream. This is a renewal of Emergency Rule OS066E5, which was effective on January 27, 2007. See http://www.doa.louisiana.gov/osr/reg/0705/0705emr.pdf (pp. 758-781)

The Department of Environmental Quality has amended the water quality regulations, LAC 33:IX.1101, 1105, 1109, 1111, 1113, 1115, 1119, 1121, and 1123 (Log #WQ054). This rule will fulfill the department's obligation to review and revise, as necessary, and at least once every three years, the state's water quality standards, pursuant to 40 CFR 131.20. This revision of LAC 33:IX.Chapter 11 includes the addition, removal, and revision of definitions; minor revisions of the designated use descriptions; reformatting of the toxics criteria table; revision of human health toxics criteria, as necessary, according to an in-depth review of the most recent research, calculations, and methods; revision of water body subsegment descriptions; addition and removal of water body subsegments based on a recent review of the Louisiana coastline; addition of "Drinking Water Source" as a designated use for all water body subsegments with public water supply intakes; and grammar and spelling corrections. See http://www.doa.louisiana.gov/osr/reg/0705/0705rul.pdf (pp. 826-844)

General:

The Department of Environmental Quality adopted emergency rules LAC 33:I.Chapter 18 OS073E3, Expedited Permit Processing Program. This is a renewal of Emergency Rule OS073E2, which was effective on January 9, 2007. The renewal is effective May 9, 2007. See http://www.doa.louisiana.gov/osr/reg/0705/0705emr.pdf (pp. 757-758)

MARYLAND

Fisheries:

The Secretary of Natural Resources is soliciting public comment on proposed amendments to Regulation .19 under COMAR 08.02.05, Fish. The amendments would repeal the portion of the black bass regulation that prohibits the possession of largemouth bass in the tidal section of the Pocomoke River between July 15th and August 31st of each year. Comments are due June 11, 2007. See http://www.dsd.state.md.us/mdregister/3410/main_register.htm

The Fish, Wildlife, and Parks Commission will conduct a public hearing in the matter of the amendment of ARM 12.6.2203, 12.6.2205, 12.6.2210, and 12.6.2215 pertaining to exotic species. The hearing will be held May 30, 2007. Comments are due June 7, 2007. See http://sos.mt.gov/arm/Register/archives/MAR2007/MAR07-09.pdf (p. 560-564)

The Department of Environmental Quality has issued a health alert for toxic blue-green algae for Fremont Lake #20 in Dodge County and Carter Lake in Douglas County. Signs are posted advising the public to use caution. Affected swimming beaches are closed. Boating and other recreational activities are allowed, but the public is advised to use caution and avoid prolonged exposure to the water, particularly avoiding any activity that could lead to drinking the water. See http://www.deq.state.ne.us/

The Pesticide Control Board proposed amendments to Pes 602.03, Public Hearings, Pes 603.03, Conditions for Granting "Special Permits," and Pes 1001.02, Pesticide Applications Within 25 Feet of the Reference Line, all of which concern aquatic pesticides. The hearing will be held June 11, 2007. Comments are due June 11, 2007. See http://www.gencourt.state.nh.us/rules/may-11-07.pdf (pp. 1-3)

NORTH CAROLINA

Toxic Substances:

The Radiation Protection Commission will conduct a public hearing to consider the adoption of rules cited as 15A NCAC 11 .0363 - .0365, the amendment of rules cited as 15A NCAC 11 .0104, .0117, .0318, .0320 - .0322, .0333, .0356, .0359, .0360 - .0361, .0702, and .1611, and the repeal of rules cited as 15A NCAC 11 .0350, and .0703, concerning radiation protection. The hearing will be held June 5, 2007. Comments are due July 16, 2007. See http://www.ncoah.com/rules/register/Volume21ISsue22May152007.pdf (pp. 2009-2043)

Water:

The Environmental Management Commission will conduct a public hearing on proposed amendments to the rule cited as 15A NCAC 02B .0315, Assignment of Stream Classification, Neuse River Basin. Deep Creek is currently classified as Class Water Supply-III (WS-III) Nutrient Sensitive Waters (NSW), and is proposed to be reclassified to Class WSIII outstanding resource water NSW. This proposed reclassification consists of the entire watershed of Deep Creek, from its source to the Flat River. The land along the waters to be reclassified exists solely within the jurisdiction of Person and Durham Counties. The intent of this rule amendment is to provide supplementary protection for the resources and quality of the subject waters. The hearing will be conducted May 31, 2007. Comments are due July 16, 2007. See http://www.ncoah.com/rules/register/Volume21ISsue22May152007.pdf (pp. 2003-2006)

The Coastal Resources Commission will conduct a public hearing on proposed amendments to the rules cited as 15A NCAC 07J .0701 - .0703, concerning procedures for considering variance petitions. The hearing will be conducted July 26, 2007. Comments are due July 26, 2007. See http://www.ncoah.com/rules/register/Volume21ISsue22May152007.pdf (pp. 2006-2009)

The Chairman of the Rhode Island Agricultural Land Preservation Commission will conduct a public hearing on proposed amendments to the Operating Procedures for Purchase of Development Rights to Farmland, and Criteria and Procedures for Evaluation of Farmland for Purchase of Development Rights. The proposed regulations intend to streamline existing rules and requirements and clarify operational procedures. The hearing will be held June 20, 2007. See http://www.dem.ri.gov/programs/bnatres/agricult/alpcdrft.htm

TENNESSEE

Air:

The Tennessee Air Pollution Control Board will conduct a public hearing to consider the promulgation of amendments to the Tennessee Air Pollution Control Regulations and SIP pursuant to Tennessee Code Annotated, §68-201-105. The hearing will be conducted June 21, 2007. Comments are due June 21, 2007. See http://www.state.tn.us/environment/apc/ppo/phjune2107.pdf

TEXAS

Fisheries:

The Texas Parks and Wildlife Commission has adopted amendments to 31 TAC §57.111 and §57.113, concerning Harmful or Potentially Harmful Exotic Fish, Shellfish, and Aquatic Plants. The adopted change to §57.113 alters subsection (d) to allow any person who holds a valid exotic species permit to possess, propagate, transport, or sell the species listed in the section. The adopted amendment to §57.111, concerning Definitions, is necessary to standardize terminology and add several families, genera, and species to the definition of harmful or potentially harmful exotic fish, shellfish, and aquatic plants in order to better protect native aquatic resources and to be consistent with USDA and Texas Department of Agriculture regulations. See http://www.sos.state.tx.us/texreg/sos/adopted/31.NATURAL%20RESOURCES%20AND%20CONSERVATION.html#914

The Air Pollution Control Board will conduct a public hearing to reopen the comment period on proposed changes to the Clean Air Interstate Rule, 9 VAC 5-140-1061, 1062, 2061, 2062, 3061, and 3062 under §2.2-4007 of the Administrative Process Act. The hearing will be held June 18, 2007. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=9214

WISCONSIN

Air:

The Department of Natural Resources will hold a public hearing on revisions to chapters NR 400, 406, 407, 410, and 439, Wis. Adm. Code, relating to construction permits and stack test requirements. The SIP developed under §285.11 (6), Stats., is also being revised. The Department is proposing to incorporate changes in federal regulations. The hearing will be held June 12, 2007. Comments are due June 22, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg617a.pdf (pp. 21-22)

New Zealand announced last week that it expects to enact a "cap and trade" carbon emissions program by the middle of next year. David Parker, the minister of climate change issues, promoted the carbon trading system, saying that it will have a minimal impact on the country’s economy. New Zealand’s Prime Minister Helen Clarke articulated a commitment to reducing greenhouse gas emissions in response to the threat of global climate change earlier this year. The government has not developed any other carbon reduction plan, reflecting the nation’s anticipation that the measure will pass in the legislature later this year. See http://www.enn.com/today.html?id=12721

CHINESE INSPECTORS WARN OF YANGTZE COLLAPSE

The banks of China’s Yangtze River are in critical danger of collapsing, the People’s Daily newspaper reported last week. The latest round of inspections by the State Flood Control and Drought Relief found that the banks of the Asia’s longest river are at risk of collapse, compounding worries that the predicted summer floods will inundate shoreline cities and towns. Local governments have been urged to take preventative measures such as reinforcing riverbanks before the flood season arrives. The last major flood of the Yangtze resulted in the death of 3,000 people in 1998. See http://www.chinadaily.com.cn/china/2007-05/14/content_871336.htm

GHANAIAN PUBLIC HEALTH EXPERTS CALL FOR BETTER SANITATION

A communiqué issued by the Ghana Environmental Health Officers’ Association emphasized the need for appropriate sanitation to achieve better environmental health in the country, the Ghanaian Chronicle reported. The text, which was distributed to the media at the annual meeting of the Association, highlights the importance of preventative measures, such as sound sanitation practices, in combating malaria. The group called on local governments and Ghanaian citizens to prioritize sanitation and environmental health in general. See http://allafrica.com/stories/200705170518.html